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17 Criminal Prosecution of Human Rights Violations

From: Human Rights: Between Idealism and Realism, Third Edition

Christian Tomuschat

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 21 May 2022

Subject(s):
Transitional justice — Imprisonment — Jurisdiction of states, territoriality principle — Jurisdiction of states, universality principle — Apartheid — Nullum crimen sine lege — Armed conflict, non-international — Amnesty — Reparations
The duty of protection incumbent on states has many facets. Primarily, states are required to see to it that the core rights of all persons under their jurisdiction are fully respected in practice. Individuals must be protected against attacks on their life and limb, on their properties and other essential goods. If, notwithstanding the precautionary measures taken by them, violations occur, they may be obligated to prosecute the offenders under the applicable penal statutes. The threat of criminal proceedings is suited to act as an appropriate deterrent.1 Thus,...
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